HOUSTON — A former Phillips 66 worker claims he was fired after reporting OSHA violations and for his involvement in a lawsuit against the company over property damage.
Benjamin Mansfield filed a complaint Sept. 20 in Harris County District Court against Phillips 66 Company alleging intentional infliction of emotional distress and violation of the Texas Labor Code.
Mansfield, who retired from the U.S. Army, began working for Phillips in 2005 as an operator and was promoted to shift leader in 2021. He claims he suffered hearing loss and that Phillips failed to report his audiogram test results to OSHA as required and that he reported dangerous noise levels from the plant's steam leaks without Phillips taking any action.
Mansfield further claims that he joined a lawsuit filed against Phillips by members of the community due to property damage that resulted in Phillips' actions prior to Hurricane Harvey hitting the Houston area. Specifically, Mansfield claims prior to the hurricane, Phillips dammed waterways and directed flood water away from its Sweeny plant and into the community and cut levees, used fill material and other means to divert water flowing towards the plant.
He alleges Phillips' actions led to the surrounding homes and land becoming flooded with "tainted and foul-smelling water" and that less than 24 hours after a judge ruled a contamination claim could proceed in the property damage lawsuit he was involved in, he was fired in retaliation.
Mansfield seeks monetary relief of more than $1 million, interest, trial by jury and all other just relief. He is represented by David Minces and Aaron Rankin of Minces Rankin PLLC in Bellaire and Jason Gibson and Casey Gibson of The Gibson Law Firm in Houston.
Harris County District Court case number 2021-60863